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Poprirea. 3 probleme practice
Attachment. 3 practical issues

Author(s): Ioana Gelepu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: attached third party; enforcement proceedings; suspension;

Summary/Abstract: The attached third party, which does not owe and shall not owe any amounts to the pursued debtor, has to notify the fiscal body about this circumstance, within 5 days from the receipt of the attachment letter. The above-mentioned third party has not filed any appeal against enforcement; however, he is interested, in the light of art. 237 of the Code of civil procedure, in promoting the action regulated by the rule into question.Art. 701 para. (4) of the Code of civil procedure initiates the solution of the cancellation by operation of law of the enforcement proceedings at the theoretical level, if certain conditions are fulfilled. However, in relation to some possible scenarios, we find that the concrete effects produced in the matter of attachment are governed by other legal texts.The pursued debtor shall benefit from the amounts crediting its account subsequent to the granting of suspension of the enforcement proceedings.

  • Issue Year: 2016
  • Issue No: 2
  • Page Range: 30-43
  • Page Count: 14
  • Language: Romanian